MIB directs Telegram to curb online piracy, warns of legal action for non-compliance

The Ministry of Information and Broadcasting (MIB) has issued a strongly worded notice to Telegram, directing the messaging platform to take immediate and systemic measures to curb the circulation of pirated films and copyrighted audio-visual content on its platform, warning that failure to comply with due diligence obligations could trigger legal proceedings and jeopardise the intermediary protections available under Indian law.

In a notification dated July 4 (a copy of which is with e4m), the ministry said it has observed that pirated versions of films, including newly released titles, continue to be widely distributed through Telegram's public channels and groups. The ministry alleged that the platform has not taken adequate platform-wide action despite repeated notices regarding copyright infringement and online piracy.

According to the notification, infringing activities on Telegram include the unauthorised copying, hosting, streaming, distribution and sharing of cinematograph films as well as links directing users to pirated content. The ministry said such practices inflict significant economic losses on creators, copyright owners, producers, distributors, broadcasters, publishers of online curated content and other stakeholders while undermining India's creative economy, lawful digital content ecosystem and intellectual property rights regime.

The notice reminds Telegram that copyright infringement constitutes an offence under both the Copyright Act, 1957 and the Cinematograph Act, 1952.

The ministry specifically referred to Section 63 of the Copyright Act, which provides for imprisonment and fines for knowingly infringing or abetting infringement of copyright. It also highlighted Section 63A, which prescribes enhanced punishment for repeat offenders, and Section 64, which empowers police officers to seize infringing copies and related material without a warrant where an offence has been or is likely to be committed.

The notification further cited Section 6AB of the Cinematograph Act, which prohibits the unauthorised use of infringing copies of films for public exhibition for profit, while Section 7(1B)(i) enables authorities to remove or disable access to infringing copies hosted on intermediary platforms.

Due diligence obligations

The ministry noted that Telegram qualifies as an intermediary under the Information Technology Act, 2000 and is therefore obligated to observe due diligence requirements under Section 79 of the Act as well as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Rule 3 of the IT Rules requires intermediaries to make reasonable efforts to ensure users do not host, publish, transmit or share information that infringes copyright or violates any applicable law.

According to the ministry, it has repeatedly notified Telegram under Rule 3(1)(d) regarding unauthorised reproduction, hosting and distribution of copyrighted content belonging to broadcasters, film production companies and OTT platforms.

Although specific URLs and channels identified in earlier complaints have been disabled for users in India, the ministry said infringing content continues to remain widely available through "multiple evasion techniques", including mirror channels, successor channels, substantially identical groups and bots.

The government observed that Telegram's current approach of removing content on a channel-by-channel basis after receiving complaints is insufficient to satisfy its legal obligations.

"A purely reactive, channel-by-channel takedown approach, despite repeated actual knowledge of recurring piracy may not be sufficient to demonstrate reasonable efforts," the ministry said, adding that no effective, systemic or platform-wide anti-piracy measures appeared to have been implemented.

Immediate anti-piracy measures ordered

The ministry has directed Telegram to immediately strengthen its mechanisms for detecting, reporting, disabling access to and removing pirated content.

Among the measures sought are establishment of robust grievance redressal mechanisms for copyright owners and authorised representatives; prompt removal or disabling of infringing material upon receiving valid complaints, court orders or government directions; deployment of systems to prevent re-uploading or re-sharing of substantially identical infringing content; and stronger enforcement against repeat infringers, including channels, groups, bots, administrators and other entities repeatedly engaged in piracy.

The government has also instructed Telegram to preserve metadata, logs and records relating to infringement complaints and takedown actions, maintain an effective nodal contact for coordination with competent authorities and conduct periodic reviews of its content moderation, grievance handling and anti-piracy mechanisms.

Action Taken Report within 15 days

Telegram has been asked to submit an Action Taken Report within 15 days detailing the measures adopted to prevent dissemination of pirated content.

The report must include information on mechanisms for handling complaints from copyright owners and government authorities; measures to tackle repeat infringements, mirror channels, successor channels and bots; compliance protocols followed after receiving court orders, government notices and infringement complaints; evidence preservation practices; assistance extended to law enforcement agencies; and internal escalation and reporting systems for recurring piracy networks.

The company has also been directed to specify any additional safeguards implemented to prevent dissemination of pirated cinematograph films and infringing audio-visual content through its services.

Warning of legal consequences

The ministry cautioned that continued availability of infringing content despite receipt of valid complaints or government notices may be treated as evidence that Telegram has failed to discharge its due diligence obligations under Indian law.

Such failure, it said, could lead to examination of whether Telegram continues to qualify for safe harbour protection available to intermediaries under Section 79 of the Information Technology Act. It could also result in proceedings before competent authorities or law enforcement agencies, action under the Copyright Act and Cinematograph Act, and lawful measures to restrict access to identified channels, bots, groups, links or other electronic locations disseminating pirated content.

The notification further warned that failure to submit the Action Taken Report, submission of incomplete or evasive information or continued non-compliance with due diligence obligations may invite further action under the applicable legal framework.

The notice, approved by the competent authority and signed by Joint Secretary C. Senthil Rajan, has been addressed to Telegram Group Inc. and copied to senior officials in the Ministry of Electronics and Information Technology and the Department for Promotion of Industry and Internal Trade.